Aftermath of Vidarbha Judgment: An Insight – By Jahnvi Pandey

With the advent of the Vidarbha Judgment, a swift change occurred in giving excessive power to the Adjudicating Authority. This discretionary power would lead to unnecessary judicial intervention even after default. Several financial creditors will face unjust harm considering that even after multiple efforts are put in to recover the long-due debt, preference would still be given to the background situation of the Corporate Debtor. This article will highlight the empirical data and analysis of how an amendment is required in IBC due to the impossibility of undoing the harm caused by this judicial precedent.